Probate

Querist : Anonymous (Querist) 26 October 2011 This query is : Resolved
Dear Honourable Experts,
Pl guide me in the following:-
My father expired in 1999 leaving behind a registered will.This is in Delhi and the immovable property in the regd will is also in Delhi. Two witnesses were produced by my sister who is a beneficiary along with me. We both are executor cum beneficiary.Some litigations have taken place between me and my sister as she wants to derive all the benefits from the will but does not follow the proceedures laid out in the will. In litigations she has admitted what is my share but wants to rush into additional construction which is not allowed at this stage as per Will because mother is alive and has life interest. So no clear title as yet to both me and my sister at this stage. The two witnesses are being influenced by my sister not to verify in the petition for probate which is mandatory. What is the way out to go ahead for probate in case the witnesses do not co-operate at this juncture due to the mischievous attitude of my sister. Though probate is not necessary in Delhi, I require it because my sister also tries to subvert the will process through her third party interest.
Please explain in detail
Regards to all of you

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Guest (Expert) 26 October 2011
if witnesses not co-operate then go for scribe. File a declaration suit.

Raj Kumar Makkad (Expert) 26 October 2011
If will is duly probated, it shall also serve purpose of your sister. Even if will is not established, you all 3 legal heirs of your deceased father are co-sharers of equal shares. If your sister is in dire need of some construction, make partition with mutual understanding and let her do in her portion.